Public auctions due to contractual pledges of rights pursuant to Sections 1204 — 1208 BGB movable property (Lombard transactions)
§ Section 1204 Legal content of the pledge of rights to movable property
§ Section 1205 Creation
(1) In order to create a pledge, the owner must hand over the object to the creditor and both parties must agree that the creditor is to be entitled to the pledge of rights. If the creditor is in possession of the object, agreement on the creation of the pledge of rights is sufficient.
§ Section 1206 Substitution of surrender by granting joint possession
Instead of the surrender of the object, the granting of joint possession is sufficient if the object is under the joint control of the creditor or, if it is in the possession of a third party, the surrender can only be made jointly to the owner and the creditor.
§ Section 1207 Pledging by a non-entitled party
If the object does not belong to the pledger, the provisions of sections 932, 934 and 935 applicable to the acquisition of ownership shall apply mutatis mutandis to the pledge.
§ Section 1208 Acquisition of priority in good faith
If the item is encumbered with the right of a third party, the pledge of rights shall take precedence over the right, unless the pledgee is not in good faith with regard to the right at the time of acquiring the pledge. The provisions of section 932 (1) sentence 2, section 935 and section 936 (3) shall apply accordingly.
Auction of movable property pledged as security
The requirements for the effective creation of a contractual pledge of rights are regulated in Sections 1204 to 1208 of the German Civil Code (BGB) . This is important for lombard transactions of credit institutions and other lenders and for commercial lenders.
Short-term loans are granted against movable, fungible assets (e.g. securities, bills of exchange, receivables, goods and precious metals) as collateral. The amount of the Lombard loans ranges from 50% to 90% of the pledged assets and rights.
In the event of default under the loan agreement, this collateral can be sold by the publicly appointed, sworn auctioneer by way of auction or private sale.
